comparative study of ways to protect policyholders in standard insurance contracts in Iran and us law
| Autor: | vahid ghasemi ahd |
|---|---|
| Jazyk: | English<br />Persian |
| Rok vydání: | 2019 |
| Předmět: |
standard contract Law |
| Zdroj: | پژوهشنامه حقوق تطبیقی, Vol 3, Iss 1, Pp 145-175 (2019) |
| Druh dokumentu: | article |
| ISSN: | 2423-7566 |
| DOI: | 10.22080/lps.2020.10134.1098 |
| Popis: | Adhesion contract is A standard of contract drafted by one party and offered to other party, who must adhere to the contract and therefore does not have the power to negotiate the terms of the contract and only can "take it or leave it" .many of insurance(not all of them) contract are adhesion contract. Insurer with stronger bargaining power, According to the requirements of the insurance industry, standardized or drafted terms and conditions in the form of contract, and insured only can accept or reject it . for nature of this contracts, some times, there are vague , suprising and conscionable terms in this contract. In This paper , ways of protcting of insured in us law in this contract introduced, including cotra proferentem, rule of esstopel, doctrine uncoscionable contract or terms and principle of reasonable expectation and then be cosidered to what extent these methods are applicable in Iran law. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
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